HERRING v. F.D.I.C.

No. 94-15779.

72 F.3d 762 (1995)

Morris HERRING; Raymond Herring; James N. Corbett; Luis Valenzuela; Armando Alfaro, and Sherman Montgomery, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 26, 1995.


Attorney(s) appearing for the Case

Conrad Herring, San Diego, California, for plaintiffs-appellants.

Lawrence G.D. Scarborough, Brown & Bain, Phoenix, Arizona, for defendant-appellee.

Before: CHOY, WIGGINS, and LEAVY, Circuit Judges.


CHOY, Circuit Judge:

Appellants Morris Herring et al. ("the shareholders") appeal the summary judgment in favor of the Federal Deposit Insurance Corporation ("FDIC") in their independent action to set aside a state-court judgment for fraud on the court. We affirm.

I. Factual and Procedural Background

In September 1981, the Arizona Superintendent of Banks placed Southwestern Bank ("Southwestern") in receivership. On May 1, 1990, the FDIC as court...

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